59-3201: Citation of act.K.S.A. 59-3201 to 59-3206, inclusive, shall be named and may
be cited as the Kansas simplified estates act.

History: L. 1975, ch. 299, § 29; Jan. 1, 1976.

59-3202: Administration as simplified estate or supervised estate;
determination by court.
On the hearing of a petition for the appointment of an administrator or
for the probate of a will where administration is sought under the Kansas
simplified estates act, the court shall determine whether the estate shall
be administered as a simplified estate or as a supervised estate. In making
such determination, the court may consider the size of the estate; the
degree of kinship of the heirs, devisees and persons seeking appointment;
the solvency of the estate; the nature of the estate; the wishes of the
heirs and devisees; the probable cost of estate administration and
settlement; and any other pertinent matters.

History: L. 1975, ch. 299, § 30; Jan. 1, 1976.

59-3203: Administration as simplified estate; applicable procedure.
(a) If the court has determined that the estate shall be administered as
a simplified estate, further proceedings shall be under the provisions of
the Kansas simplified estates act with the following exceptions:

(1) If letters issued under the Kansas simplified estates act are
revoked, pursuant to K.S.A. 59-3206; or

(2) if pursuant to K.S.A. 59-3205, the executor or
administrator petitions the court for a notice, judicial determination of a
single proceeding or an act in the estate, but does not seek supervised
administration.

(b) All procedures, notices, bonds, hearings and appeals under the
Kansas simplified estates act shall proceed as set out under other
provisions of the Kansas probate code, unless otherwise provided herein.

(c) All letters testamentary and letters of administration issued
pursuant to the Kansas simplified estates act shall be designated on their
face as letters testamentary or letters of administration issued under the
Kansas simplified estates act.

(d) No provision of the Kansas simplified estates act shall be construed
to eliminate any required notice of petition to sell, lease
or mortgage real property.

History: L. 1975, ch. 299, § 31; L. 1976, ch. 245, § 10; July 1.

59-3204: Executor or administrator; duties.
(a) The executor or administrator appointed under the Kansas simplified
estates act shall collect the decedent's assets, file an inventory and
valuation, pay claims of creditors, and for decedents dying before July 1,
1998, secure a determination of Kansas
inheritance tax in the manner provided by the Kansas inheritance tax act
and pay taxes owed by the decedent or the decedent's estate in
the manner provided by law.

(b) The executor or administrator may sell, liquidate or exchange
personal property of the estate not specifically bequeathed. Payment of
creditors' claims and sale, liquidation or exchange of personal property
hereunder shall not require court supervision.

(c) The executor or administrator may make a distribution of a bequest
or
of the residue of the estate prior to the closing of the estate, and such
executor or administrator may require a redelivery bond equal to the value
of the property distributed.

59-3205: Court supervision not required; exceptions; order to close
estate.
After an estate has been opened under the Kansas simplified estates act
and letters testamentary or letters of administration under this act have
been issued, no further court supervision is necessary or required until
the court orders the estate closed except: (a) When the administrator or
executor petitions the court for a judicial determination of any proceeding
or act in the estate, but does not seek supervised administration for the
remainder of the administration and the petition is granted; or (b) when
the change to supervised administration is made, as provided in K.S.A.
59-3206 and amendments thereto.

When the time for the filing of claims has expired, the time in which an
appeal may be taken from an order admitting or refusing to admit a will to
probate has expired and six months from the date of decedent's death
have expired, the court may order the estate closed as provided in K.S.A.
59-2247 and 59-2249, and amendments thereto.

History: L. 1975, ch. 299, § 33;
L. 1985, ch. 191, § 56; July 1.

59-3206: Objections to continuing administration as simplified estate;
procedure; change to supervised administration.
After letters testamentary or letters of administration have been issued
under the Kansas simplified estates act, if:

(a) Any person having an interest in the estate files an objection to
the administration of the estate under the Kansas simplified estates act
and states his or her reasons therefor, or

(b) the executor or administrator files a statement alleging that the
estate cannot be administered advantageously under the act, the issue of
continuing administration under the Kansas simplified estates act shall be
heard by the court, after notice has been given pursuant to K.S.A.
59-2208.

If the court finds that administration under the Kansas simplified
estates act should be terminated, it shall so order and direct supervised
administration.

After the filing of the objection, but prior to the hearing thereon, the
court, on its own motion, or on application of a person interested in the
estate, may require the filing of a bond, and make orders with respect to
the estate, as provided in the Kansas probate code.

After a finding that supervised administration is necessary, letters
testamentary or letters of administration shall be issued and all
proceedings shall be governed by the applicable parts of the Kansas probate
code, and letters issued under the Kansas simplified estates act shall be
revoked.

The change to supervised administration shall not: Require republication
of a notice to creditors which has been duly published; invalidate a proper
inventory and valuation previously filed; invalidate any action previously
taken by, or prejudice the rights of, any person who has in good faith
dealt with the executor or administrator in reliance on such executor's or
administrator's authority.